Same-sex couples seeking IVF on the NHS face discrimination

The NHS is being criticised after refusing fertility treatment to same-sex couples in Northern Ireland, as their sexuality inevitably means they are incapable of meeting the strict criteria to qualify for treatment.

The Department of Health requires as standard that, in order to be considered for one free cycle of fertility treatment, couples must have been trying to conceive for at least three years unsuccessfully or have a medical condition affecting their fertility, thereby eliminating same-sex couples. However, the Department of Health argue that all same-sex couples have the same ‘eligibility’ as other couples, as the same criteria applies to heterosexual couples.

When the criteria were originally established, it is likely that those drawing it up had heterosexual couples in mind. Since then, however, same-sex couples have come to be recognised in the same way as heterosexual couples in various socio-economic areas; including marriage, adoption, divorce, and probate. This criteria concerning fertility is therefore indirectly discriminating against same-sex couples.

The only option available to same-sex couples looking for fertility treatment is private funding, however with the cost of such treatment ever increasing it makes it financially impossible for some couples to consider becoming a family this way.

Various support groups and lawyers in Northern Ireland are trying to press on the Health and Social Care Board and NHS that their stance needs updating in this regard, as if they are determined to apply this blanket policy when it doesn’t accommodate the needs of same-sex couples, they will be leaving themselves open to law suits for indirect discrimination.

Fertility problems: Assessment and treatment

A set of guidelines were published in February 2013 by the National Institute for Health and Care Excellence entitled ‘Fertility problems: Assessment and treatment’ which were then endorsed in November 2013. This failed to update the initial criteria for consideration in fertility treatment as the Department of Health stated that these are determined locally, but that it offers a best-practice guide.

These guidelines recommended that all those eligible should be offered three cycles of IVF, where they currently (if they pass the access criteria) are only eligible for one free cycle. Northern Ireland has been slow in adopting an equal and fair practice with regards to fertility treatment, especially when compared to other parts of the UK. In Wales all women are being offered two cycles of IVF; in England some areas offer women two, others three cycles of IVF; and in Scotland all same-sex couples receive the same IVF treatment as heterosexual couples.

Sarah Murphy and Jenny Doherty

A lesbian couple recently came forward to talk about their experience of fertility treatment in Northern Ireland. Sarah Murphy and Jenny Doherty tried to get treatment from the NHS. The couple who have been in a same-sex relationship for five years (and have chosen not to enter into a same-sex marriage or civil partnership), wanted to guarantee that Ms Doherty would legally be on the birth certificate as the second parent. Whereas, in funding the treatment privately, there could have been a court battle further down the line if custody of the child was disputed, as Ms Doherty would not be considered a legal parent or have parental responsibility.

The struggle to become a family is one that a lot of couples go through, whether it is due to medical infertility or their sexuality. Access to fertility treatment for all couples is not only fair and logical but compassionate to couples who would otherwise be unable to have a child naturally.

If you would like to know more about the issues covered in this article, Vardags offers a free consultation to qualifying individuals.

For high net worth and ultra high net worth individuals or their companies, our confidential enquiry line is staffed 24 hours. Call 020 7404 9390 today.

You may be eligible for a litigation loan

If your spouse controls the family finances, you may be worried about how to find the money for your legal fees during a divorce. But this need not prevent you from accessing the best legal advice to fight for what you deserve.

Whether you and your spouse built-up your fortune during your marriage, you married someone who already had money or you have had a child with someone with money, it is likely that you are entitled to very significant assets or income. But accessing this wealth now that you are separated may be difficult, restricting your ability to afford the very best legal representation for you and your family during your divorce.

What options are available to fund my case?

If your spouse is not prepared to pay your divorce fees, you may be eligible for a litigation loan. This specific type of lending allows you to secure any assets that you or your partner have, such as your former matrimonial home, against a loan that will cover your legal fees. This loan is then paid back at the end of the case.

A litigation loan is rigorous and transparent, and will grant you access to a top divorce lawyer who will ensure that you get your fair share. Vardags is experienced in securing litigation funding for its high net worth clients and has strong relationships with a select pool of the very best funders around. We also know when best to apply, and exercise careful judgement in determining when to pursue claims.

Vardags are ready to help

Vardags can advise in detail on the options available at your first consultation. We offer a free initial consultation, without obligation, to clients who have family assets greater than £1 million or income of greater than £150,000 per annum. Please call our confidential enquiry line on 020 7205 5792 to arrange your consultation — it’s never too early or too late to take expert legal advice.

01962 706005

+44 207 404 9390

Qualifying Individuals

Vardags specialise in cases involving high net worth individuals, their families and their companies. Free consultations are offered for clients with net assets in excess of £2million or involved in other high value disputes.

If you need a lawyer immediately because a person has been taken into custody or involved in an incident, Vardags can provide emergency legal cover at any time. We offer a swift response in person, anywhere in London or within the M25. Outside that area we may still be able to help. Call our confidential 24 hour enquiry line for immediate help.If you have been arrested or you are the subject of a dawn raid we strongly recommend you have a lawyer present in order to advise you on your options in dealing with police and other investigating bodies and to ensure your rights are protected.
Note that we normally charge £350 per hour including travel time and our fees in connection with emergency legal services will usually be a minimum of £2,000 + VAT.

*All enquiries are completely confidential. We do not handle Legal Aid cases. Our lawyers do not undertake criminal work on a no win, no fee basis.

Our confidential enquiry lines are staffed 24 hours a day, every day of the year.

Vardags Limited (trading as Vardags) is a company registered in England and Wales (Company No. 7199468), with its registered office at 10 Old Bailey, London, EC4M 7NG. Vardags is regulated and authorised by the Solicitors Regulation Authority. The term “director” is used to refer to a director of Vardags Limited or an employee or consultant of Vardags Limited with equivalent standing. A list of the names of the directors of Vardags Limited together with a list of those who are designated as directors is open to inspection at the above address. VAT number: 99 001 7230.